Consumer goods drive our society. Our economy and individuals are judged by how much we buy and how much we earn so we can buy what we want. Product liability law is a way to compensate those who are injured and family members of those killed by defective consumer products that dangerously malfunction when they’re used as intended.
According to an international litigation lawyer, product liability law is based on state laws and court decisions that interpret them. There is no uniform federal product liability law. If you do business in two states, a product liability case’s legal issues and outcomes could differ depending on the location.
Why Are There Product Liability Laws?
Legislators and courts had to put the financial burden of these injuries and deaths on someone. They could’ve told the plaintiffs they just ran out of luck. Instead, they put this burden on businesses putting these products into the marketplace because, thanks to insurance, they would be better able to spread out the risks and make compensation economically feasible.
How Do Product Liability Laws Work?
A consumer buys a product, reads the directions and warnings, uses it as intended but something goes wrong – it bursts into flames. The person could be injured and his home damaged. Product liability law could compensate the consumer for their injuries, pay to repair their home, and, if the company’s behavior is egregious enough, force them to pay punitive damages as punishment.
Plaintiffs can name as a defendant any parties involved with the product, from the point it was assembled or built to the retailer that sold it. All the parties can be liable according to our friends at Focus Law LA because the various parties are obligated to meet the consumer’s ordinary expectations, which is using a product that’s as safe as advertised.
What Types Of Product Liability Laws Are There?
These types of claims can be based on one or more legal theories, including the following:
- Negligence
- Strict liability
- Breach of warranty
There are also consumer protection laws against falsely marketing and advertising products. Selling a product as safe and useful but it’s highly dangerous would violate these laws.
What Type Of Products Are Covered?
Most consumer goods are covered. It can be the simplest kitchen gadget to the most expensive and complex luxury vehicle. It could be over-the-counter medications that cost pennies per pill or medical devices that may cost well into six figures to surgically implant. Products subject to a lawsuit could be as simple and safe-looking as a child’s stuffed toy or something as scary as a chainsaw.
Who Might Be Held Responsible?
Liability for a dangerous product defect is with any party in the product’s chain of distribution, including the following:
- The product’s manufacturer
- A part manufacturer
- A company assembling or installing the product
- An importer
- A wholesaler
- A retailer
It’s in the plaintiff’s interests to have as many defendants as possible because they’re all potential sources of settlement funds, or they may be found liable by a jury. If a plaintiff has difficulty collecting from one, they could turn to another.
What Types Of Defects Are Involved?
The product at issue must be defective, and the defect made it unreasonably dangerous. These defects can be the following:
- Design: Even if engineered and manufactured correctly, the product, as designed, is unreasonably dangerous. The designers missed or ignored possible safety issues that became realized when customers used the product
- Manufacturing: The product, as designed on paper, is safe. However, the manufacturing process was so mishandled and sloppy that the product was unreasonably unsafe for its intended use. It may break apart into sharp, dangerous fragments when used, explode, or burst into flames
- Marketing: It’s not safe for the purpose that it’s intended to fulfill. Labels, instructions, and warnings may be missing, inaccurate, or insufficient. A pharmaceutical company could make a defective drug by not warning users of a known, potential side effect
A product may be defective in more than one way.
What Does The Plaintiff Need To Prove?
With the negligence theory, a plaintiff generally has the burden of proving the defendant made a serious, negligent mistake that resulted in an accident and injuries. Product liability cases based on negligence turn that on its head. In these cases, if a product is shown to be dangerous, it’s assumed to be defective in some way and the defendant must show it didn’t cause the problem. In a strict liability case, there’s no need to show negligence, just that the product is defective or carries a risk of injury.
Some products, like knives, can’t be made safer without losing their capabilities. They cannot be made safer without losing their usefulness. Complete warnings of the risks and dangers of the product must be provided so consumers can make informed decisions about whether to use them and, if so, how.
What Damages Could Be Awarded
A successful plaintiff could be awarded money for the following:
- Reimbursement of medical bills
- Payment of future medical care
- Property damage
- Pain and suffering
- Punitive damages
If your company makes or sells consumer products, product liability should be a concern. You need sufficient insurance to protect yourself and an attorney to help you make decisions about product safety and what to do if injury claims are made.
